what kind lawyer can against usda

Should I hire a lawyer to respond to the USDA letter?

This is designed to protect wetland functions and values. The FSA specifically ties benefits eligibility to farming practices on wetlands. In some cases agricultural production on former wetlands is prohibited. Our agriculture lawyers can advise and defend your farm in wetland disputes with the USDA.

Does the US Department of Agriculture discriminate against its customers?

Is your company (or are you personally) facing a USDA investigation? If so, you need to speak with a federal defense lawyer as soon as possible. To schedule a free and confidential consultation with one of our former federal prosecutors, call 888 …

How is a complaint filed against the USDA?

John Schwarz has been successful many times for clients in matters pertaining to the USDA or Farm Service Agency. There is always hope that you can be successful in an appeal regarding a swampbuster violation or a sodbuster violation. THE SWAMPBUSTER ACT

Where can I find USDA judicial decisions in full text?

USDA's Preliminary Regulatory Review Plan (Pursuant to Executive Order 13563) Read and comment on our plan and learn more about the objective and focus of each agency within USDA, as well as the regulatory reviews process. Judicial Decisions The Office of Administrative Law Judges for the United States Department of Agriculture publishes its Judicial Decisions in full …

What is the USDA investigation?

The USDA investigates companies and individuals involved in all aspects of agriculture, farming, food production, national resource extraction and development, and the sale of related goods to consumers. Through its Office of Inspector General (OIG), the USDA also investigates private contractors for fraud under the False Claims Act (FCA). In addition to civil or criminal charges under the FCA, companies targeted in USDA investigations can face prosecution under statutes including (but not limited to):

Is USDA a federal contractor?

Like all federal government contractors, USDA contractors are subject to an extensive list of contractual obligations, regulatory requirements, and statutory prohibitions. USDA contractors accused of inflating invoices, delivering substandard products and services, and other forms of federal government contract fraud can face allegations under the False Claims Act and other statutes.

What is the Farm Bill?

The Farm Bill is an omnibus piece of federal legislation that establishes varied requirements and restrictions for companies involved in all aspects of food production, transportation, and distribution. Companies accused of violating the Farm Bill can face steep penalties, and executing an effective defense strategy will often be crucial to maintaining these companies’ ability to operate and their eligibility for USDA programs.

Can farms be investigated for crop insurance fraud?

In addition to facing issues with their insurance companies, farms can also face USDA investigations for crop insurance fraud. This includes both underreporting and overreporting crop production in order to secure additional indemnity payments.

Is the USDA investigating the Snap program?

Supplemental Nutrition Assistance Program (SNAP) fraud is among the most-common allegations targeted in USDA investigations. In recent years, the USDA OIG has targeted slaughterhouse operators, grocery stores, and essentially all companies in between for violating the SNAP payment eligibility requirements.

What is the FSIS?

The USDA’s Food Safety and Inspection Service (FSIS) investigates cases involving suspected inhuman handling and slaughtering of livestock as well as other animal welfare violations in the agricultural sector. These investigations can also lead to significant penalties, and farms, slaughterhouses, and other entities targeted in these investigations need to engage experienced defense counsel in order to mitigate any potential civil or criminal liability.

What is the act of theft that can lead to civil litigation?

Theft of livestock is another act that can lead to both civil litigation and USDA enforcement action. The USDA also investigates cases involving the suspected unlawful transportation and sale of livestock when livestock animals are carried across state lines.

WE KNOW HOW TO WORK WITH THE GOVERNMENT

The USDA and Farm Service Agency (FSA) administer numerous programs that are available to farmers. These include conservation programs, direct and counter cyclical payment programs, disaster assistance programs, energy programs and farm loan programs. Information regarding these programs can be found here: http://www.fsa.usda.gov.

THE SWAMPBUSTER ACT

Almost with all USDA/FSA programs, farmers agree to abide by the requirements of the “Swampbuster Act” and the “Sodbuster Act”. Failure to do so can lead to a farmer being ineligible for all USDA/FSA programs. This can be in the form of a Wetland Violation or a Planting Violation.

THE SODBUSTER ACT

The “Sodbuster Act” was a program created by Title 12 of the Food Security Act of 1985 designed to discourage the plowing of erosion-prone grasslands for use as cropland. Violation of the act may cause a producer to lose eligibility to participate in farm programs.

The USDA Wants to Shut Down Your Business

In 2013, the USDA conducted a study that indicated Supplemental Nutrition Assistance (SNAP) fraud (or "food stamp fraud") was at a twenty year high. To fix this, the Department stepped up its fraud detection and prevention efforts in two areas. (1) an increase in undercover investigations and (2) an increase in utilization of the ALERT system.

Understanding the SNAP Charge Letter

Retailers receive a SNAP violation letter through UPS overnight mail. Each of these charge letters is generic. The details provided on the first page of the letter include what alleged violation occurred, and disqualification the United States Department of Agriculture is interested in pursuing.

What Not to Tell the USDA

For purposes of this exercise, I will address SNAP Violation charge letters that set out a list of transactions and accuse your store of SNAP trafficking . The worst thing you can do is to immediately call the USDA. Though it is always good with state agencies to call the investigating agent to determine what's going on, the USDA works differently.

What Not to Do with Your SNAP Violation Charge Letter

There are no conversations "off the record." Everything you tell them can/will be used against you. Typically, if you ask a program specialist to tell you what they're looking for, they will ask you to write an explanation for the transactions and send it to them.

Suggestions for Your Response

It is typically our legal recommendation that you hire a professional to respond to the USDA's letter. Store owners/managers who represent themselves win only 5%-10% of the time. An experienced professional, like our attorneys at Metropolitan Law Group, can significantly increase your chances of success.

We Can Help You Respond to a SNAP Violation Charge Letter

Our firm has represented retail store owners since 2012 in cases involving SNAP violations. Our attorneys have practiced before United States District Courts, U.S. Circuit Courts, and before the U.S. Supreme Court. We have more experience than any other SNAP firm or attorney in the country, and offer affordable fees.

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Does USDA discriminate against its customers?

USDA prohibits discrimination against its customers. If you believe you experienced discrimination when obtaining services from USDA, participating in a USDA program, or a program that receives financial assistance from USDA, you may file a complaint with USDA. OASCR, through the Center for Civil Rights Enforcement, ...

What is a USDA complaint?

In complaints alleging discrimination in certain USDA programs or those falling under the authority of other government agencies or departments, the complaint may be is processed in accordance with a Memorandum of Understanding. In those instances, the procedure used to process your complaint may be different from the procedure described above. The procedure used will be determined by the Memorandum of Understanding.

Is discrimination against race or religion prohibited?

In programs that receive Federal financial assistance from USDA, discrimination is prohibited on the bases of race, color, religious creed, sex, political beliefs, age, disability, national origin, or limited English proficiency. (Not all bases apply to all programs.)

What is the first step in the program discrimination process?

The first stage of the program discrimination complaint process is the intake stage. At this stage, the Center for Civil Rights Enforcement. determines whether your complaint meets the legal requirements to be accepted for processing. Prior to making this determination, the Office of Adjudication may request clarification or additional information about the complaint from you. For more information about what must be included in your complaint, read How To File A Program Discrimination Complaint.

What is OASCR in the USDA?

OASCR, through the Center for Civil Rights Enforcement, will investigate and resolve complaints of discrimination in programs operated or assisted by USDA. USDA prohibits discrimination on the bases of race, color, religion, sex, age, national origin, marital status, sexual orientation, familial status, disability, limited English proficiency, ...

How to contact USDA about a disability?

Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 690-0443 (voice and TDD). Send your completed complaint form or letter to us by mail, fax, or email.

What happens if a complaint is not accepted?

If your complaint is not accepted for processing, the Center for Civil Rights Enforcement. will send you a letter notifying you why your complaint was not accepted, and your complaint will be dismissed. If appropriate, your dismissed complaint may be referred to an agency or forum that may assist in resolving the issues.

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

How long does bankruptcy stay on your credit report?

Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord evicts you?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What happens if you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

Can constitutional rights be defended?

A common misconception is the idea that constitutional rights violations in civil cases can only be defended when a person works for a high-profile employer or institution. Constitutional violations can occur regardless of the size of the business or educational institution. In 2018, the US Supreme Court issued decisions on cases related to a baker, labor unions, cell phone companies, internet retailers, a political party, an athletic association and others.

Which amendment protects the right to assemble?

The First Amendment of the United States Constitution prohibits governmental institutions from making laws that can impact or constrain the free exercise of religion, free speech, freedom to associate commonly known as the right to assemble or petition the government for a redress of grievances. The Fourteenth Amendment requires states to honor and protect the constitutional rights guaranteed under the US Constitution.

What are civil rights violations?

Our work representing victims of civil rights violations in criminal cases includes: 1 Successful defense of a journalist on First Amendment grounds when the journalist was criminally prosecuted for photographing a student riot. 2 Secured dismissal of criminal charges against 16 activists conducting peaceful protest during presidential visit. 3 A 26-year sentence reduction in a federal criminal case by uncovering police and prosecutorial misconduct. 4 Prosecuted a First Amendment prisoner’s rights claim before the U.S. Supreme Court. 5 Fought against mandatory minimum sentencing before the Pennsylvania Supreme Court. 6 Dismissal of evidence against a defendant that was the fruits of an illegal search by demonstrating that police officers falsified information to secure a warrant. 7 Secured monetary damages for an inmate’s family after suing county prison for civil rights violation resulting in a suicide.

What is the most common misconception in civil rights violations of criminal defendants?

The most common misconception in civil rights violations of criminal defendants is that law enforcement officials are trained and will protect your constitutional rights. Attorney Andrew Shubin has seen first-hand that this is not always the case.

How has the Constitution been modified?

The Constitution has been modified by amendments and interpreted differently through tried cases – new and complex challenges to existing case law have recently been tried at the Supreme Court. Criminal or civil violations continuously raise new questions of civil rights.

Is freedom of speech a human right?

Freedom of Speech is a fundamental American freedom and a human right where the freedom to share ideas is a valued right. Freedom of speech can be under threat when politics, comfort or biased attitudes result in violations of freedom of speech.

Who is Andrew Shubin?

Attorney Andrew Shubin is known for standing up against universities who file charges against student activists on campus. He has developed a reputation in this area because he’s a fierce and effective advocate against oppressive school administrators.